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STATEMENT 



OF THE 



CLAIM 



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OF THK 

R hode-Ifland Brigade, 

COMPOSED OF THE THREE REGIMENTS 
COMMANDED BY 

Cols. CRARY, TOPHAM, and ELLIOT, 

FOR THE 

DEPRECIATION OF THEIR PAY 

FOR THEIR 

Services in the Continental Army 

DURING THE LATE 

REVOLUTIONARY WAR WITH 

GREAT-BRITAIN; 
FOR THE RECOVERY WHEREOF THE 

MEMORIAL OF 

Gen. William Barton, 

AGENT FOR THE CLAIMANTS, 
IS NOW BEFORE CONGRESS. 

PROVIDENCE (R.I.) - 
PRINTED BY DAVID HAWKINS, JUN. 

No r EMBER — 1 806. 



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1 HE troops raifcd by Rhode-Itland, 
commonly called the Rhode-Ifland Brigade, 
found their Claims upon the United Slates to 
Depreciation on their Pay, on the following 
fa6ls : 

In December, 1776, a powerful forc€ of 
Britifli troops fuddenly pofTefTed themfelve« of the 
Ifland of Rhode-Ifland, and, upon the alarming 
emergency, committees, from the legiflatures of 
New-Hampfhire, Maifachufetts, Rhode-Ifland and 
Conne^icut, in the fame month, convened at 
Providence, to advife and agree upon fome plan 
of defem:^. Thofe committees in concert, upon 
the circtimftances of the occafion, refolved, that 
it was neceflary that 6000 men Should be raifed 
and employed againft the enemy ; and recom- 
mended to their refpeftive legiflatures the imme- 
diate enliftment of their quotas. In purfuance of 
this arrangement, the legiflature of Rhode-Ifland, 
the fame month, palTed an a£i for raifing and 
equipping two regiments of infantry, and one of 
artillery, as their quota of ihc number of men 
recommended by the committees, to be employed 
** for the defence of the United States in genera^ and 
this (Rhode-Ifland) State in farticular.** Thefe 
propofed meafures of Rhode-Ifland being com- 
municated to Congrefs, they, on the 15th df 
February following, " Refolved, that confidering 
the iituation of the New-England States, Congrefs 
approve of the meafures adopted by the commit- 
tees from the four New-England States for the 



defence of the State of Rbode-Ifland." Upon 
this, the State of Rhode-Ifland proceeded to enlift 
and equip the three regiments, who ferved fifteen 
months, being the term of their enliftment. In 
Deceniber, 1777, the legiflature of Rhode-Ifland 
pafled an aft for the re-enliftment of thofe regi- 
ments for twelve months more ; and on the 13th 
of January following, Congrefs thereupon " Re- 
folved, That it be earneftly recommended to the 
States of New-Hampfhire, Maflachufetts-Bay^ 
Rhode-Ifland and Conne6licut, immediately to 
furnifli and keep up conftantly in the Srate of, 
Rhode-Ifland and Providence Plantations, for the 
defence of the faid State, their feveral quotas of 
troops, as adjufted by a refolution of a committee. 
from faid States, and the State of New-York, 
which met at Springfield the 30th July laft." 
And on the next day they " Refolved, That 
Ebenezer Hancock, Efq. Deputy Paymafter- 
General oftheEaftern Diftrift, be direfted forth- 
with to appoint an Afliftant Paymafter, conftantly 
to attend and pay the army ftationed at or neai^ 
Providence for the defence of the State of Rhode- 
Ifland and Providence Plantations, applying to 
Congrefs from time to time for the neceflary fup- 
plies of money for the fame. And the command- 
ing officer in laid State be fully empowered to dravF 
on the faid Afliftant Paymafter for the necefl'ary 
fapplies for the army aforefaid." And on the 13th 
of 06lober of the fame year, Congrefs refolved at 
follows : ^« The State of Rhode-Iflatid having 
agreeably to the recommendation of the convert* 
tion at Springfield, and the fubfequent approbation 
of Congrefs, ordered a Brigade to be rai fed for 
twelve months from the i6ib of March laft, and 



5 

alTigned 'the bffifecrs tlie fdmfe pay as ilibfe in thfe 
O^ntinental fervice, did on the 31ft dfMaylaft 
pafsan order that ihe Agent Clothier Ihould fup. 
p]y therti with clbthihg. Refolded, that Gori- 
grefs do Approve of faid tranfaftion, and the ad- 
vance made in confequence tlli?re6f." In Februa- 
ry, 1779, the General Aflettibly of Rhode-Ifland 
paffedan aB for the re-ehliftnriertt of ihofe regi* 
ments to ferve another year; and Gongrefs on 
the 9th of April following,' '' Refolved^ that Gon- 
grefs approve tlie raifing of a Brigade of i^66 
men by the State of Rhbde-Ifland and Pfdvideilcfe 
Plantations, for tbe common defence of that and 
the United States, fdr the fpaceof ohi^y^ar, to he en- 
titled to Cohtintntal pdy^ clothing md fiihfjldn€ty^r\i^^ 
a bounty not exceeding 150 dollai-s for everjr 
nbn cortimiffioned officer and foldi^n upon condi- 
tion^ that Ho further or OtheY wagts he allowed to the 
faid men by the faid State than is paid to thi other 
Continental troops'* 

The trbdps, upon the faith and credit of th^ 
above a6ts and affurahc^s, faithfully ferVed tb^ 
teveral terms bf their enliftrtlent, amounting in 
Ih^ whole to three yedrs and three months; and 
during a greater pan of that period, their flipu- 
lated monthly Wages were paid in a rstpidly de- 
preciating atid ahtidft wbHhlefs paper ciii-reticy. 
Such was the deficiency df their coiiipCnfatiorr, 
that nothing but their jlttachrriieht to the eaufe in 
which they were employed, thfeir zeal for tbe 
fervice of their coiintry, iHd their confideriee in 
its future jtiftice and liberality, could pofribly 
have induced them fo often to have repeated thdr 
chliftment. They had reafoti to ckp^B, fuch 
coropenfatibn ^s theiif (ibtintry fiibiild dllbW their 



6 

fellow-foldiers of the Continental army; but their 
cxpeftations have hitherto been difappointed. 

It is a faft, that the United States have granted 
all the officers and foldiers who enlifted immedi- 
ately into their fervice, excepting the three regi- 
ments in queilion, full compenfation for the de- 
preciation of their pay. It is a fa6l, that the 
States have granted the fame compenfation to all 
their quotas of troops in the Continental line, 
and even in many inftances to their militia. But 
it is a faQ, that ihofe three Rhode-Ifland regiment* 
have never received any allowance for the depre- 
ciation of their pay. 

Although the three regiments were three times 
originally engaged by the State of Rhode-IIland, 
they were every time engaged for the Continental 
fervice, and Congrefs every time recognized and 
acknowledged them as Continental troops, order- 
ing them to be paid, clothed and fubfided as 
fuch ; and did aftually clothe, fubfift, and pay 
them their ftipulated bounty and monthly wages, 
in like manner with the troops of the line. They 
were to all intents and purpofes Continental 
troops, though not thofe termed of the line ; and 
from the peculiar circumftance of their not being 
of the line, have proceeded all the difficulties that 
have unfortunately contributed to retard the 
juftice due to their claims; and this circumftance 
has efFeftually fruftrated every attempt to procure 
a proper adjuAment according to the feveral afts 
of limitations paffed by Congrefs, though all poffi- 
ble attention and exertions have been employed 
to that end. 

The a£l of Congrefs of April lo, 1780, declares 
it to be " the determination of Congrefs, that all 



the troops ferving in the Continental army fliould 
be placed upon an equal fooling." And accord- 
ing to the aft of Congrefs of March 17, 1785, 
calling upon all perfons having unliquidated 
claims againft the United States, and requiring 
them to prefent the fame, within twelve months, 
to fome Commiffioner in the State appointed to 
fettle accounts againd the United States, the pre- 
fent claimants accounts were in Oftober, 1785, 
prefented to Mr. Edrvard Chinn^ the Commiffioner 
for Rhode-Ifland. But Mr. Chinn rejefted the 
claims, as he confidered himfelf not authorized 
by any aft of Congrefs to liquidate them, the 
troops not having ferved three years, nor during 
the war, under one enlillment, and were therefore 
not of the line, though they had ferved three 
years and three months under three feveral cn- 
liftments. The fame circumdances and reafons 
precluded the claimants from any benefit of the 
fubfequent afts of Congrefs, of November, 1785, 
and July, 1787, limiung the times for prefenting 
fuch claims. By the aft of Congrefs of Auguft, 
1790, appointinsj Commiffioners to fettle the 
accounts of the United States with the States in- 
dividually, it is enafted, " that it fhall be the 
duty of the faid Commiffiioners to receive and 
examine all claims which (hall be exhibited to 
them before the firft day of July, 1791; and to 
determine on all fuch as fhall have accrued for 
the general ot particular defence, during the war, 
and on the evidence thereof, according to the 
principles of general equity (although fuch claims 
may not be fanBioned by the refolves of Congrefs^ or 
fupported by regular vouchers) fo as to provide 
for the final fettlemenl of accounts between the 



8 

United Spates and the States individually. But 
no evidence of a claim heretofore admitted by a 
C'>mmi{Iioner of the United States, for ^ny State 
or Diftritl, fhall he fubjeft to fuch examination, 
^qr ih^\\ the claim of any citizen be admitted as 
^ charge ag^infl: the Uni^e^l Stales, in the account of 
any StatC', unlefs the fame was allowed by fuch 
State before the 24th day of Sjeptember, 178^.** 
After the pafling of this a6t, the Commiffioners on 
the part of the State of Rhode- Ifland prefented 
this claim, in the, States account with the United $tqtes^ 
to the Commiffioners on the part of ihe Uruied 
States : But the claim was reje8ed on the ground 
that the State of Rhode-Ifland had npt paid it, or 
aiTumed to pay it, previous to the 24th of Sep- 
tember, 1788; the Cpmmiffiofiers deeniiog th« 
charge to have remained on the footing of an 
individual claim, and their powers extending by 
ih^ ad of Congrefs only to the accpc^nts of the 
Staie. Thus has every attempt to obtain a fet^le- 
nient of the claim proved unfuccefsfu,l. No 
Commiflioners hav^ ever been aHthorized to re.- 
ceive it, and Congrefs have nevei: palled any aft 
prefcribing any mocle of prefenting i;, or allowing 
jany means for its adjuflmept. . . 

The juflice and equity of this claim upon the 
Uiiited States have never been difputed. , The 
formalites of exhibiting^ it only have been quef- 
tioned; and thofe difficulties have" been utterly 
beyond the power of the clainiants to prevent o^ 
obviate. There is no doubt, that both ^he State 
of Rhode-IOand and the United States h^ye 
pledged ibemfelyes for the p.avme\it of thof(? 
troops, and are liable for the faiiofftQ-ipR of tbe 
pr^fent ckiin ; ihie ^isae pf R.hod^-Iflap^? «is th^ 



original contraBing party, and the United States, 
as having affumed the contra6l by exprefs Hipula- 
Uon. In either cafe, according to the principles 
adopted for the final fettlement of the accounts 
between the United states and the States individu- 
ally, the payment fhould ultimately come from 
the United States. As this claim, upon the fame 
principles, could not have been included in ihofe 
accountF, it ftill remains an original, individual 
claim, independent of any fettlement of accounts 
hitherto efFe6led by Co-ngrefs ; and as Congrefs 
have never provided any mode of fettlement, no 
aft of Congrefs of courfe can have barred this 
claim. 

As thofe troops were not of the Stoies quota in 
the Continental line, but were enlilled into the 
immediate fervice of the United States alone^ their 
claims, as well for wages as for depreciation, were, 
and llill are, immediately upon the United States. 
As they were not State troops, nor of the State's 
quota in the Continental line, their fervices or 
claims could not with propriety be included in 
the State's account with the United States: And 
it is immaterial to the interefts of the United 
States, whether the payment is made immediately 
to the individual claimants or through the medi- 
um of the State of Rhode-Ifland, as it would have 
been if the State could have properly affumed it. 

The claimants confider the faith and credit of the 
United States to be pledged in their favour > firfl, 
by the aft of Congrefs of the 9th April, 1779, 
declaring the troops " to be entitled to Conii- 
nental pay^ clothing and fubfiftence ;'* and again,, 
by the aft of Congrefs of April 10th, 1780? de- 
claring it to be " the determination of Congrel^, 



lO 

that all the troops ferving in the Continental army 
ihould be placcvd upon an equal footing." Thofe 
three regiments did ferve in the " Continental 
army," under '' Continental pay, clothing and 
rubfiftence ;" but they have not yet been " placed 
upon an equal footing" with the reft of the 
" Continental army." If by any conftru6lion of 
the feveral ftatutes of limitation the prefent claims < 
fliould be fuppofed to be barred, the claimants 
Hill confider their claims to be entitled, as well 
by the juftice and equity of their cafe as by the 
aforementioned affurances of Congrefs, to a re- 
vival. — The afts of limitation were unqueftiona- 
bly prudent and proper, and in general they 
effe6ied their necefTary purpofe; but the prefent 
claims, as has been before fbewn, were never fub- 
jeQ to the provifions of thofe a6ls, according to 
their tenor and import, whatever might have been 
the intentions of Congrefs when palling them. 

If the a6ls of limitation fhall be deemed to have 
barred thefe claims, no negligence or fault can 
be attached to the condu6l of the claimants ; and 
the honour and juftice of Congrefs will never, 
through any inadvertencies of government, either 
of the United States or of Rhode-Ifland, deprive 
an individual of his right. To revive the force of 
thefe claims would have no confequences other 
than juftice to the prefent claimants. It could 
open no door to the adniiflion of any fet of fimilar 
claims; for no fimilar claims are known to exift. 
No claimants of a fimilar defcription, who are yet 
unfatisfied, are named on the journals of Con- 
grefs. Such a revival would be countenanced by 
precedents in abundance where Congrefs have 
relieved individual foldiero, of the Continental 



it 

army, who bad been excluded by the general 
regulations of compenfation. Numerous in- 
ftances may be feen on the penfion lift, where 
fubfequent admiflions have been made. 

On ihefe fafls, and necefTary inferences, the 
officers and foldiers of the Rhode-Ifland Brigade 
place their confidence in a favourable refult to 
their claims. Patriot foldiers, for faithful, pain- 
ful and perilous fervices, claim the wages their 
country has promifed them. They are not a 
wanton, infolent foldieiy, wrefting from an opr 
prelTed and exhaufted country an imperious 
exa6tion, or the means of perpetuating a military 
defpotifm. They are republican citizens, folicit- 
ing of a profperous and wealthy nation the 
promifed wages for thofe fervices that infured that 
nation's independence and happinefs. — Amongft 
thofe claimants is feen the aged, the wounded 
and mutilated foldier, claiming a rightful due that 
has been twenty-five years detained from him: 
The indigent widow, claiming the humble pittance 
for which the life of him, who if he had lived 
would have been her fupporr, was facrificed : 
The poor orphan, wailing the allowance of a 
trivial fum, purchafed at the expence of a father's 
life, and which was all the inheritance his father 
fould bequeath him. 



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